HomeMy WebLinkAboutOrd1998-005
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Introduction Date: June 8. 1998
Public Hearing Date: June 22.1998
Sponsored by: Janke
CITY OF SEWARD, ALASKA
Ordinance No. 98-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 7, PUBLIC
PROPERTY - DEFINITIONS AND ENCROACHMENTS INTO PUBLIC
RlGHTS-OF- WAY
WHEREAS, property surveys and site plan reviews occasionally reveal private buildings and
structures that illegally encroach or intrude into a delineated floodway, right-of-way, public land or
associated airspace; and
WHEREAS, it is not in the public interest to allow new encroachments, the perpetuation of
an encroachment beyond the depreciable life of the structure, nor their enlargement, expansion or
extension; and
WHEREAS, there are instances when neither public safety nor public access is immediately
impaired by an encroachment nor is it practical to demand immediate removal of an encroachment;
and
WHEREAS, in 1992, the Council amended SCC Title 7, Public Property to allow the city
manager to grant encroachment permits subject to a certain conditions; and
WHEREAS, there is a need to amend Seward City Code 7.05 to state the City's
encroachment policy, add definitions, expand procedures for issuing encroachment permits; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Seward City Code Title 7 Public Property, Chapter 7.05 Acquisition and Disposal of
Real Property, Article 1. Generally 7.05.115 Definitions. is hereby amended by adding the
following:
"Encroachment" means any obstruction in, or intrusion into a delineated floodway, right-of-
way, easement, or public land or associated airspace.
"Structure" means any improvement, constructed or erected on or attached to the ground or
another structure, including, but not limited to, awnings, refuse container racks, towers, sheds, signs
and fences.
Section 2. Seward City Code Title 7 Public Property, Chapter 7. 05 Acquisition and Disposal of
Real Property, Article 4. Encroachments, easements and rights-of-way is hereby amended to read
as follows:
7.05.510 Easements and ril:hts-of-way .
A. Subject to applicable provisions of Kenai Peninsula Borough Code, Title 20 Subdivisions,
the city manager may, with regard to city land, negotiate and execute rights-of-way and easements
not exceeding a term of 20 years.
B. The city manager may negotiate and execute the acquisition of rights-of-way and
easements necessary for a utility, public improvement or other public use except the city council shall,
by resolution, approve acquisitions involving cash considerations or the exchange of real property
valued in excess of$IO,OOO.
C. Any other rights-of-way and easements shall be granted or acquired only upon approval
of the city council.
D. The city manager may, at the direction of the city council convey, quitclaim, release,
cancel, or otherwise relinquish any real property easement, right-of-way, permit of license the city
may have or hold for the purpose of installing, constructing or maintaining a public improvement or
utility, whenever the interest is no longer used or useful for that purpose. (Ord. 92-05)
7.05.515 Encroachments.
A. It is the city's policy not to allow new or unauthorized encroachments into any public
right-of-way, land or easement. The City finds that: (I) neither the perpetuation of an existing
encroachment beyond the depreciable life of the structure, nor its enlargement, expansion,
improvement or extension is deemed to be in the public interest;(ii) all encroachments considered as
hazardous, obstructing motorists' line of sight, impeding emergency vehicle access, or impairing snow
removal, shall be removed at the earliest available opportunity; and (iii) all other encroachments shall
eventually be removed over time.
B. The city manager may, after determining that alternatives, including but not limited to,
removal of the encroachment or vacating the right of way are not feasible alternatives and would not
be in the public interest, and where neither public safety nor access is impaired, issue an encroachment
permit for the depreciable life ofthe encroaching structure.
1. No permits may be issued for refuse container racks, towers, sheds, signs or fences;
2. The city may revoke the permit upon written notice of not less than twenty (20) days nor
more than six (6) months for the construction, improvement or use by the public of public street,
sidewalk, and utility projects;
3. The encroachment may not be expanded, extended, improved or enlarged;
4. Encroachment permit shall require the permittee to:
a. pay an appropriate fee as established by city council resolution;
b. secure and maintain general liability insurance coverage based on appropriate
minimum limits as determined by the city's risk manager, to protect, defend and indemnity the city
during the term of the permit. The city shall be named as a certificate holder for any structure
associated with a personal use single family residence; and as an additional insured party for any
structure associated with an activity involving rentals, the sale of goods or services, or any business
carried out for profit;
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c. maintain the property in such a manner as to protect the public safety and welfare;
d. at the expiration of the agreement or permit, remove the encroachment and restore
the encroachment site to the surrounding grade leaving it in a clean, safe and stable condition
e. provide other assurances as deemed appropriate by the manager in order to protect
the public interest, and
f. provide an as-built survey completed by an Alaska registered surveyor which clearly
delineates all encroaching structures.
7.05.520 Recording. All easements and encroachment permits including applicable as-built surveys
shall be recorded by the permittee in the Seward Recording District, Third Judicial District, State of
Alaska.
Section 3. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
22nd day of June, 1998.
THE CITY OF SEWARD, ALASKA
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Lowell R. Satin, Mayor
AYES:
NOES:
ABSENT:
ABST AIN:
Callahan, Clark, Gage, Satin
King
None
Blatchford, Orr
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht
Attorneys for the City of Seward, Alaska
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Patrick Reilly //
City Clerk un"
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